Compliance Certificate; Notice of Default. (a) The Issuer shall deliver to the Trustee, within 120 days after the end of each fiscal year, an Officer’s Certificate stating that a review of the activities of the Issuer and its Subsidiaries during such fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Issuer and the Guarantors have kept, observed, performed and fulfilled their obligations under this Indenture, and further stating, as to each such Officer signing such certificate, that to the best of his or her knowledge, the Issuer and the Guarantors have kept, observed, performed and fulfilled each and every covenant contained in this Indenture and no Default occurred during such period (or, if a Default shall have occurred, describing all such Defaults of which he or she may have knowledge and what action they are taking or propose to take with respect thereto). (b) The Issuer shall, so long as any of the Notes are outstanding, deliver to the Trustee, forthwith upon any Officer becoming aware of any Default, an Officer’s Certificate specifying such Default and what action the Issuer is taking or proposes to take with respect thereto.
Appears in 8 contracts
Samples: Indenture (Match Group, Inc.), Indenture (Match Group, Inc.), Indenture (Match Group, Inc.)
Compliance Certificate; Notice of Default. (a) The Issuer shall deliver to the Trustee, within 120 days after the end of each fiscal year, an Officer’s Certificate stating that a review of the activities of the Issuer and its Subsidiaries during such fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Issuer and the Guarantors have kept, observed, performed and fulfilled their obligations under this Indenture, and further stating, as to each such Officer signing such certificate, that to the best of his or her knowledge, the Issuer and the Guarantors have kept, observed, performed and fulfilled each and every covenant contained in this Indenture and no Default occurred during such period (or, if a Default shall have occurred, describing all such Defaults of which he or she may have knowledge and what action they are taking or propose to take with respect thereto).
(b) The Issuer and the Guarantors shall, so long as any of the Notes are outstanding, deliver to the Trustee, forthwith upon any Officer becoming aware of any Default, an Officer’s Certificate specifying such Default and what action the Issuer is and the Guarantors are taking or proposes propose to take with respect thereto.
Appears in 4 contracts
Samples: Indenture (Iac/Interactivecorp), Indenture (Match Group, Inc.), Indenture (HomeAdvisor, Inc.)
Compliance Certificate; Notice of Default. (a) The Issuer Partnership shall deliver to the Trustee, Trustee within 120 days after the end of each fiscal year, year an Officer’s Certificate stating that a review of its activities and the activities of the Issuer and its Subsidiaries (including Finance Corp.) during such the preceding fiscal year has been made under the supervision of the signing Officers officers with a view to determining whether each of the Issuer and the Guarantors have Issuers has kept, observed, performed and fulfilled their its obligations under this Indenture, and further stating, as to each such Officer officer signing such certificate, that to the best of his or her knowledge, the officer’s knowledge each Issuer and the Guarantors have has kept, observed, performed and fulfilled each and every covenant contained in this Indenture Indenture, and no is not in Default occurred during such period in the performance or observance of any of the terms, provisions and conditions hereof or thereof (or, if a an Event of Default shall have occurred, describing all such Defaults Events of Default of which he or she the officer may have knowledge and what action they are taking is being taken or propose proposes to take be taken with respect thereto).
(b) The Issuer Issuers shall, so long as any of the Notes Securities of any series are outstandingOutstanding, deliver to the Trustee, forthwith immediately upon any Officer becoming aware of (i) any DefaultEvent of Default with respect to such series under this Indenture or (ii) any event of default under any other mortgage, indenture or instrument referred to in Section 5.01(6), an Officer’s Certificate specifying such Event of Default or other event of default and what action the Issuer is Issuers are taking or proposes propose to take with respect thereto.
Appears in 2 contracts
Samples: Indenture (Amerigas Partners Lp), Indenture (Amerigas Finance Corp)
Compliance Certificate; Notice of Default. (a) The Issuer shall deliver to the Trustee, within 120 days after the end of each fiscal year, an Officer’s Certificate stating that a review of the activities of the Issuer and its Subsidiaries during such fiscal year has been made under the supervision of the signing Officers Officer with a view to determining whether the Issuer and the Guarantors have has kept, observed, performed and fulfilled their its obligations under this Indenture, and further stating, as to each such Officer signing such certificate, that to the best of his or her knowledge, the Issuer and the Guarantors have has kept, observed, performed and fulfilled each and every covenant contained in this Indenture and no Default occurred during such period (or, if a Default shall have occurred, describing all such Defaults of which he or she may have knowledge and what action they are the Issuer is taking or propose proposes to take with respect thereto).
(b) The Issuer shall, so long as any of the Notes are outstanding, deliver to the Trustee, forthwith upon any Officer becoming aware of any Default, an Officer’s Certificate specifying such Default and what action the Issuer is taking or proposes to take with respect thereto.
Appears in 1 contract
Samples: Indenture (Hilltop Holdings Inc.)
Compliance Certificate; Notice of Default. (a) The Issuer Partnership shall deliver to the Trustee, Trustee within 120 days after the end of each fiscal year, year an Officer’s Officers’ Certificate stating that a review of its activities and the activities of the Issuer and its Subsidiaries (including Finance Corp.) during such the preceding fiscal year has been made under the supervision of the signing Officers officers with a view to determining whether each of the Issuer and the Guarantors have Issuers has kept, observed, performed and fulfilled their its obligations under this Indenture, and further stating, as to each such Officer officer signing such certificate, that to the best of his or her knowledge, the officer’s knowledge each Issuer and the Guarantors have has kept, observed, performed and fulfilled each and every covenant contained in this Indenture Indenture, and no Default occurred during such period is not in default in the performance or observance of any of the terms, provisions and conditions hereof or thereof (or, if a an Event of Default shall have occurred, describing all such Defaults Events of Default of which he or she the officer may have knowledge and what action they are taking is being taken or propose proposes to take be taken with respect thereto).
(b) The Issuer Issuers shall, so long as any of the Notes Securities of any series are outstanding, deliver to the Trustee, forthwith immediately upon any Officer becoming aware of (i) any DefaultEvent of Default with respect to such series under this Indenture or (ii) any event of default under any other mortgage, indenture or instrument referred to in Section 5.01(5), an Officer’s Officers’ Certificate specifying such Event of Default or other event of default and what action the Issuer is Issuers are taking or proposes propose to take with respect thereto.
Appears in 1 contract
Samples: Indenture (Amerigas Partners Lp)
Compliance Certificate; Notice of Default. (a) The Issuer Partnership shall deliver to the Trustee, Trustee within 120 days after the end of each fiscal year, year an Officer’s Certificate stating that a review of its activities and the activities of the Issuer and its Subsidiaries (including Finance Corp. and Finance LLC) during such the preceding fiscal year has been made under the supervision of the signing Officers officers with a view to determining whether each of the Issuer and the Guarantors have Issuers has kept, observed, performed and fulfilled their its obligations under this Indenture, and further stating, as to each such Officer officer signing such certificate, that to the best of his or her knowledge, the officer’s knowledge each Issuer and the Guarantors have has kept, observed, performed and fulfilled each and every covenant contained in this Indenture Indenture, and no Default occurred during such period is not in default in the performance or observance of any of the terms, provisions and conditions hereof or thereof (or, if a an Event of Default shall have occurred, describing all such Defaults Events of Default of which he or she the officer may have knowledge and what action they are taking is being taken or propose proposes to take be taken with respect thereto).
(b) The Issuer Issuers shall, so long as any of the Notes Securities of any series are outstanding, deliver to the Trustee, forthwith immediately upon any Officer becoming aware of (i) any DefaultEvent of Default with respect to such series under this Indenture or (ii) any event of default under any other mortgage, indenture or instrument referred to in Section 5.01(5), an Officer’s Certificate specifying such Event of Default or other event of default and what action the Issuer is Issuers are taking or proposes propose to take with respect thereto.
Appears in 1 contract
Samples: Indenture (Amerigas Partners Lp)
Compliance Certificate; Notice of Default. (a) The Issuer Parent shall deliver to the Trustee, within 120 days after the end close of each fiscal year (beginning with the 2020 fiscal year), an Officer’s Certificate executed by the principal executive, financial or accounting officer of Parent stating that a review of the activities of the Issuer Parent and its Subsidiaries during such fiscal year has been made under the supervision of the signing Officers Officer with a view to determining whether the Issuer and the Guarantors have each Guarantor has kept, observed, performed and fulfilled their its obligations under this Indenture, Indenture and further stating, as to each such Officer signing such certificate, that that, to the best of his or her Officer’s knowledge, the Issuer and the Guarantors have each Guarantor during such preceding fiscal year has kept, observed, performed and fulfilled each and every such covenant contained in this Indenture and no Default occurred during such period (year and at the date of such certificate there is no Default that has occurred and is continuing or, if a Default such signer does know of such Default, the certificate shall have occurred, describing all such Defaults of describe its status with particularity. The Officer’s Certificate shall also notify the Trustee should the Issuer elect to change the manner in which he or she may have knowledge and what action they are taking or propose to take with respect thereto)it fixes its fiscal year end.
(b) The Issuer shall, so long as any of the Notes are outstanding, shall deliver to the Trustee, forthwith upon any Officer becoming Trustee within five days after the Issuer becomes aware of the occurrence of any DefaultDefault that is continuing, an Officer’s Certificate specifying such the Default and what describing its status with particularity and the action the Issuer is taking or proposes proposed to take be taken with respect thereto.
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